
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4051]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
        Part I--Foreign Service Retirement and Disability System
 
Sec. 4051. Voluntary retirement

    Any participant who is at least 50 years of age and has 20 years of 
creditable service, including at least 5 years of service credit toward 
retirement under the System (excluding military and naval service), may 
on his or her own application and with the consent of the Secretary be 
retired from the Service and receive retirement benefits in accordance 
with section 4046 of this title. The Secretary shall withhold consent 
for retirement under this section by any participant who has not been a 
member of the Service for 5 years. Any participant who voluntarily 
separates from the Service before completing 5 years in the System and 
who, on the date of separation, would be eligible for an annuity, based 
on a voluntary separation, under section 8336 or 8338 of title 5, if the 
participant had been covered under the Civil Service Retirement System 
rather than subject to this subchapter while a member of the Service, 
may receive an annuity under section 8336 or 8338, notwithstanding 
section 8333(b) of title 5, if all contributions transferred to the Fund 
under section 4045(c)(1) of this title, as well as all contributions 
withheld from the participant's pay or contributed by the employer, and 
deposited into the Fund during the period he or she was subject to this 
subchapter, including interest on these amounts, are transferred to the 
Civil Service Retirement and Disability Fund effective on the date the 
participant separates from the Service.

(Pub. L. 96-465, title I, Sec. 811, Oct. 17, 1980, 94 Stat. 2112; Pub. 
L. 100-238, title II, Sec. 216, Jan. 8, 1988, 101 Stat. 1774.)


                               Amendments

    1988--Pub. L. 100-238 inserted last two sentences relating to 
withholding consent to retirement and to certain participants who 
voluntarily separate from the Service before completing 5 years in the 
System.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-238 effective 90 days after Jan. 8, 1988, 
see section 261(a) of Pub. L. 100-238, set out as a note under section 
4054 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 4009, 4046, 4048, 4071d of 
this title.
